Transcript Managing absence at work

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The Equality Act 2010
What changes?
Domestics
Objectives for the day
Explain the background to the Equality Act 2010
Explore the new codes of practice
Describe the new protected characteristics
State the new types and definitions of discrimination
Describe other changes as a result of the Act
Explain the new Public Duties
Identify the actions you need to take to address the changes
quiz
What proportion of the UK workforce is now aged over 40?
One in Ten
One in Five
One in Three
What proportion of the UK workforce is now aged over 40?
One in Ten
One in Five
One in Three
At any one time how many workers
are experiencing mental health problems?
One in Ten
One in Six
One in Three
At any one time how many workers
are experiencing mental health problems?
One in Ten
One in Six
One in Three
In terms of average hourly earnings, what % less do
female full-time employees earn than their male
counterparts?
20%
40%
50%
In terms of average hourly earnings, what % less do
female full-time employees earn than their male
counterparts?
20%
40%
50%
What % of gay men and lesbians have suffered
discrimination at work because of their sexuality?
2%
10%
40%
What % of gay men and lesbians have suffered
discrimination at work because of their sexuality?
2%
10%
40%
What is the average Employment tribunal award for a
discrimination claim?
£50,000
£65,300
£21,000
What is the average Employment tribunal award for a
discrimination claim?
£50,000
£65,300
£21,000
Background
The Equality Act repeals most of the existing
discrimination legislation
It condenses nine pieces of legislation into one
single Act
Received royal assent 8 April 2010
Staged implementation from October 2010
Help available –
Guidance and codes of practice
Non statutory guidance will be
available in the areas of
employment, services, public
functions and associations, and
education.
Code of practice will be available
in the areas of employment,
equal pay, and public functions
and associations
EHRC guidance available from
August 2010
Protected
characteristics
Protected characteristics
age
disability
gender reassignment
race
religion or belief
sex
sexual orientation
marriage and civil partnership
pregnancy and maternity
Changes to the
definitions
Discrimination
equality law has been broadened
with some new definitions added
while others have remained the
same
Direct Discrimination
no change
occurs when someone is treated less
favourably than another person
because of a protected characteristic
Discrimination by association
has been extended
this is direct discrimination against
someone because they associate with
another person who possesses a
protected characteristic
Discrimination by perception
has been extended
this is discrimination against an
individual because others think
they possess a protected
characteristic.
it applies even if the person does
not actually possess that
characteristic
Indirect Discrimination
has been extended
occurs when a company has a rule, policy
or practice which applies to everyone but
particularly disadvantages people who
share a protected characteristic
indirect discrimination can be justified if it
is a “proportionate means of achieving a
legitimate aim”
Dual Discrimination –
currently on hold
is discrimination because of a
combination of two protected
characteristics
it can only be claimed when the
discrimination is direct and cannot be
claimed in cases of harassment
Harassment
has changed
“unwanted conduct related to a relevant
protected characteristic, which has the
purpose or effect of violating an
individual’s dignity or creating an
intimidating, hostile, degrading,
humiliating or offensive environment for
that individual”.
Third party harassment
has been extended
employers can potentially be liable for
harassment of employees by people (third
parties) who are not employees of the
company (e.g. customers).
liability arises when harassment has
occurred on at least two previous
occasions, the employer is aware that it
has taken place, and has not taken
reasonable steps to prevent it from
happening again.
Victimisation
has changed
victimisation occurs when someone is
treated badly because they have made a
complaint or raised a grievance under the
Equality Act.
there is no longer a need to compare
treatment of an alleged victim with that of
a person who has not made or supported
a complaint under the Act.
Other key
changes
Discrimination arising from a
disability
New type of discrimination
Disabled person is treated unfavourably,
not because they have a disability
(which would be direct discrimination),
but because of something that is
connected with their disability; and
That treatment cannot be objectively
justified as being a proportionate
means of achieving a legitimate
aim.
Disability discrimination
indirect discrimination
reasonable adjustments
Pre-employment health
questionnaires
Applies to questions asked about
health or disability before offering
employment
The Act prohibits these questions
but…there are exemptions
EHRC can take action
Gender reassignment
New definition
No longer requires a
person to be under medical
supervision for protection
Positive action
employers can take positive action if they think that
employees or job applicants who share a protected
characteristic suffer a disadvantage connected to
that characteristic
Positive action recruitment –
currently on hold
Allows a protected characteristic to
be taken into account during the
recruitment process
When the selection assessment
rates them as equal
Can choose to recruit or
promote because of the protected
characteristic
Exemptions and Justification
Occupational requirement
Religion or belief
Organised religion
Age discrimination
Other changes
Extension of tribunal awards
Equal pay and pay secrecy
Unified equality duties (on hold)
Transition arrangements
How Acas can help
www.acas.org.uk
publications
mediation
workplace
training
helpline
08457
47 47 47
training
sessions
Contact information
Acas helpline
08457 47 47 47
Acas website
www.acas.org.uk
Equality and human rights commission
equalityhumanrights.com
Government equalities office
equalities.gov.uk
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